Record of tracking device authorisations to be kept
40 Record of tracking device authorisations to be kept
As soon as practicable after an appropriate authorising officer gives a tracking device authorisation, the officer must make a written record of the giving of that authorisation, including in the record:
the name of the applicant for the authorisation; and
the date and time the authorisation was given; and
if the authorisation authorises the use of a tracking device in relation to the investigation of an alleged relevant offence or offences—the alleged offence or offences in respect of which the authorisation is given; and
if the authorisation authorises the use of a tracking device in relation to a recovery order—the date the order was made and the name of the child to whom the order relates; and
if the authorisation authorises the use of a tracking device for the purposes of an integrity operation—details identifying the integrity authority for the operation and each alleged relevant offence; and
if the authorisation is given on the basis of a Part 5.3 supervisory order that is in force in relation to a person—the following details:
the name of the person;
the date the order was made;
if (disregarding section 6C) the order is not already in force and the order is not an interim control order—when the order comes into force;
whether the order is an interim control order, a confirmed control order, an interim supervision order or an extended supervision order; and
if the authorisation is given on the basis of a community safety supervision order that is in force in relation to a person—the following details:
the name of the person;
the date the order was made;
if (disregarding section 6E) the order is not already in force—when the order comes into force; and
if the authorisation authorises the use of a tracking device in or on an object or class of object—the object or class of object in or on which the use of the tracking device is authorised; and
if the authorisation authorises the use of a tracking device on a vehicle or class of vehicle—the vehicle or class of vehicle on which the use of the tracking device is authorised; and
if the authorisation authorises the use of a tracking device in respect of the conversations, activities or geographical location of a person—the name of the person (if known); and
if the authorisation authorises the retrieval of a tracking device—the premises or object from which the tracking device is to be retrieved; and
the name of the law enforcement officer primarily responsible for executing the authorisation; and
any conditions subject to which a tracking device may be used, under the authorisation.
A written record made under subsection (1) is not a legislative instrument.
This Act’s bill:Explanatory memorandum
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